Die Mercurii, 1 Junii, 1642.
Information against Keeling, &c.
Mr. Turner of the County of Herts, being called in,
acquainted the House, That young Mr. Keeling,
and the Mayor of Herts, sent unto him, and some others,
who had exercised according to the Ordinance of Militia,
to take their Names. At the last Sessions, Mr. Keeling gave
in Charge to the Grand Jury, to present in the Names of
such as had exercised in Arms: Which He, being Foreman of the Jury, refused to do; and, thereupon, he said,
he would not have so much lie upon his Conscience.
He likewise informed, that the said Mr. Keeling had
several times refused the Protestation; and he knew not
whether he had yet taken it or no.
That Mr. Keeling, and the Mayor of Herts, be forthwith summoned to appear here.
Ordered, That the Lords be moved, That the Committee
of the Lords and Commons, concerning the Militia, may
meet: And that they will give Power to their Committee
to prepare an Order for the Indemnity of all those that
have heretofore exercised in Arms; and to draw up a Declaration, to shew that it is lawful for all such as will exercise in Arms, to do it by the Appointment of the Lord
Lieutenant, and Deputy Lieutenants of the Counties, according to the Ordinance of Parliament: And likewise, to
consider of the Proclamation and Declaration read in all
Parish Churches, by his Majesty's Command, in Opposition of that Ordinance; and to prevent the like for the
future: And likewise to prepare a Declaration, to shew
the Illegality of such Proclamations; and how it is illegal
to injoin Ministers to publish and read Proclamations
and Declarations in the Churches: And likewise to consider, how the Deputy Lieutenants of Herts may have
Power to exercise their Men in Arms, in the Absence of
the Lord Lieutenant.
Message to Lords.
Sir Tho. Barrington went up to the Lords, to desire a
free Conference concerning the Matter of the Conference
on Monday, about the Bill for calling the Assembly of
Divines; and concerning the Propositions delivered at
the Conference Yesterday; and concerning the Ensign of
Hull taken Prisoner by Hillyard.
He likewise carried up the Order for stopping the Monies borrowed upon the Crown Jewels; and moved the
Lords, That the Earl of Warwick might be present in
Essex, at the Execution of the Militia in Essex; and to
expedite the Bill concerning Innovations, and scandalous
Contribution for Ireland.
Ordered, That the Treasurers for the Contribution-money at London do pay unto the Committee for the
Contribution, a Thousand Pounds, to be distributed according to their Appointment, among the poor Irish, that
are now in Town.
Propositions to the King.
Resolved, upon the Question, That this Proposition shall
be added to the Propositions to be sent to his Majesty; viz.
"That Your Majesty will be graciously pleased to pass
a Bill, for restraining Peers, made hereafter, from sitting
or voting in Parliament, unless they be admitted there-unto with the Consent of both Houses of Parliament."
Person apprehended at Hull.
That One Head of the Conference shall be, to move the
Lords that a Message be sent from both Houses to the
Committees at Yorke, to know upon what Ground Sir Jo.
Hotham's Ensign was apprehended; and if for being in
Service at Hull, to demand him; and to declare, that it
is a Breach of Privilege: And that the Houses will make
his Case their own; and account what is done to him,
as done to themselves.
Ammunition from Hull.
Ordered, That Sir Sam. Owfield, Mr. Vassall, Mr.
Rolle, and Mr. Bence, do go down to the Ships that
brought the Ammunition from Hull, to see in what State
the Ammunition is; and to see, that it be delivered safe
into the Hands and Custody of the Officers of the Ordnance in the Tower; who are required to receive it, as from
both Houses of Parliament; and to be accountable for it
to the Houses of Parliament.
Ordered, That the Officers of the Ordnance shall be
required to take and receive the Arms and Ammunition
sent from Hull, into their Custody; and to deliver it out
again, or such Quantities of it as shall be required, by
Order of both Houses of Parliament: And that the
Lords be desired to join in this Order.
Ordered, That the Monies collected from the Members, for coming late to Prayers, be distributed among
the poor Women that daily attend the House, whose
Husbands are Captives in Algiers.
Answer from Lords.
Sir Tho. Barrington brings Answer, That the Lords do
agree to a Conference concerning the Amendments to
the Bill for calling an Assembly of Divines; and to the
Conference concerning the Propositions to be sent to his
Majesty; and concerning Sir Jo. Hotham's Ensign: And,
as for the Order touching the Monies borrowed upon the
Crown Jewels, they will send Answer by Messengers of
They will give the best Expedition they can, to the
Bills concerning Innovations, and scandalous Ministers;
and do agree, that the Earl of Warwick be sent to, to
come and see the Militia put in Execution in Essex.
Sir Tho. Barrington is required to prepare a Letter to
A Message from the Lords by Sir Edw. Leech and
That, whereas the Lords have received an Order from
this House, concerning the Stop of Monies borrowed
upon the Crown Jewels, the Lords desire to know, upon
what Grounds this House is informed, that the Crown
Jewels are either pawned or sold.
Answer returned by the same Messengers; That this
House will send Answer by Messengers of their own.
Mr. Pym, Mr. Holles, Mr. Fienis, are appointed
Managers of this Conference.
Leave of Absence.
Mr. Rose has Leave to go into the Country.
Earl of Pembroke's Bill.
Ordered, That the Committee for the Earl of Pembroke's Bill, be revived; to sit this Afternoon, at Two post
meridiem, in the Court of Wards; and so, de die in diem:
And that all the Lawyers be added to this Committee.
That the Report of the Soap Business be made To-morrow Morning.
Mr. Holles reports, from the Lords, That Part of the
Conference that concerns the Refusing of Doctor Hammond: That divers of the Lords do give a large Testimony
of him; and do desire, That before you will put that
Disgrace upon him, as being nominated, not to refuse
him before you hear him.
Resolved, upon the Question, That this House doth
approve of Doctor Hammon, to be One of the Divines
to be consulted with, concerning the Government and
Liturgy of the Church.
Person to appear.
Ordered, That Mr. May shall acquaint his Brother,
Mr. Adrian May, that there is an Order for his appearing here.
Resolved, upon the Question, That the House doth
approve of Mr. Ralph Ashton, of Middleton, to be Deputy Lieutenant of the County of Lancaster.
Message to Lords.
Mr. Holles is appointed to go up to the Lords to acquaint them, that this House hath assented unto Doctor
Hammon; and do desire, that they would pass the Order
concerning the Monies borrowed upon the Jewels: the
House being informed, that the Jewels are not in the
Custody of those Persons where they ought to be; and that
they are carried out of the Kingdom; and to desire, that
the Committee concerning the Militia, may meet, to prepare an Order concerning the Indemnity of such as have
heretofore mustered, &c.; and to desire, that a Committee of both Houses may be appointed to go to London
(a Common Hall being called; for the Borrowing of
Monies): and likewise to carry up the Names of Mr.
Ralph Ashton, and Mr. Jo. Hales, to be Deputy Lieutenants of Lancashire.
Resolved, upon the Question, That the House doth
approve of Mr. Jo. Hales to be Deputy Lieutenant of
the County of Warwick, and the City of Coventry, and
Landing of Arms, &c.
Mr. Holles was likewise to move the Lord Admiral,
that Two Ships may be appointed to ride about Tynmouth
and Newcastle, to prevent any Arms, Ammunition, or
Monies, to be landed, that may disturb or annoy the
Peace of the Kingdom.
Earl of Warwick.
An Order for the Earl of Warwick's repairing unto the
County of Essex, for seeing the Militia put in Execution,
was this Day read; and carried up by Mr. Holles.
Attendance of Members.
Ordered, That a Committee may be appointed to draw
up an Order, to be sent to the Sheriffs of the several
Counties, to command the Members of the House to
appear forthwith, and do their Service to the House,
upon the Penalty of an Hundred Pounds, and the farther Pleasure of the House.
Mr. Prideaux, Sir Jo. Evelyn, Sir Arth. Haselrig, are
appointed to prepare an Order to this Purpose.
Ordered, That all Justices of Peace, Mayors, and other
Officers, and likewise all Officers of the Custom-house,
along the Northern Coasts, be required to make strict
Inquiry and Search of all Ships that shall come into any
of their Ports: And if they shall find any Arms, Ammunition, or Monies in them, to make Stay of them, till the
farther Pleasure of both Houses be known.
This was likewise sent up to the Lords, by Mr. Holles.
Treaty with Scotts.
The Commissioners appointed to treat with the Scotts,
presented the Articles of that Treaty: The which were read.
Resolved, upon the Question, That Ten thousand
Swords and Belts, with the Residue of the Ten thousand
Arms, shall be delivered to the Scotts at Leeth, 1° Julii.
These Words, "As they shall receive Orders from the
chief Commanders of the Scotch Army, for the Time
being," to stand in the Third Article.
Ordered, That these Words, "and remain," shall stand
in the said Article.
Ordered, That these Words, "and that the Magistrates and Inhabitants thereof shall be ordained to carry
themselves to the Commanders of the said Army, as is
fitting and ordinary in such Cases," shall stand in the
Sixth Article: And that these Words, "by the King
and Parliament," shall be left out of the said Article.
That these Words, "and taken off by them at;" and
likewise these Words, "One or Two;" and these Words,
"as shall be agreed on;" shall be added to the Seventh
Propositions to the King &c.
A Message from the Lords, by Sir Edward Leech and
The Lords desire a Conference, by Committees of both
Houses, presently, in the Painted Chamber, touching the
Points of the last Conference concerning the Propositions
to be sent to his Majesty; and touching the Commitment
of an Ensign at Hull.
The Letter to be sent to the Committees at Yorke, and
the Order to the Committees, were read; and assented
Answer returned by the same Messengers: The House
will give a present Meeting, as is desired.
Mr. Pym, Mr. Crue, Sir Ro. Coke, are appointed Managers of this Conference.
Answer from Lords.
Mr. Holles brings Answer, That the Lords do agree to
all the Particulars of his Message, but to the Particulars
concerning the Sending to London; and concerning the
Order touching the Magazine sent from Hull: To which
they will send Answer by Messengers of their own.
Loan from the City.
A Message from the Lords, by Sir Edw. Leech and
That the Lords have appointed Six of their House to
go, with a proportionable Number of this House, to the
City, To-morrow, at Four of Clock post meridiem.
Mr. Holles, Mr. Pym, Sir Tho. Barrington, Mr. Long,
Sir Peter Wentworth, Sir Jo. Holland, Mr. Trenchard,
Mr. Green, Sir Jo. Evelyn, Mr. Strowd, Mr. Heveningham, Sir Robert Crane;
This Committee is to go to the City of London, with a
proportionable Committee of the Lords, To-morrow, at
Four of Clock, concerning the Borrowing of Monies:
And are to meet with the said Committee of Lords this
Afternoon, at Four of Clock, in the Painted Chamber,
to consider what to propound to the Common Hall at
London, and who, in the Name of the rest, shall propound it.
Ordered, That the Lord Mayor be desired to summon
a Common Hall, to meet To-morrow, at Four of Clock:
And that Mr. Ven do acquaint the Lord Mayor with this
Propositions to the King, &c.
Mr. Pym reports the Conference concerning the
Amendments to the Propositions to be sent unto his
Majesty; the which Amendments were made by the Lords,
to those Additions to the said Propositions sent from
this House: Which were read; and by Vote, upon the
Question, assented unto.
Mr. Pym went up to the Lords, and acquainted them,
That this House doth agree to the Amendments to the
Propositions; and carried up the Order to be sent to the
Committee at York, upon Presenting of the Propositions
to his Majesty; and likewise to move the Lords, That
the Committee appointed to go to London may meet
this Afternoon, in the Painted Chamber, to consider what
to propound to the Common Hall at London, To-morrow,
and who shall propound it.
Ordered, That the humble Petition of Sir Wm. Stewart
and others, be referred to the Commissioners for Irish
Ordered, That the Petition of the Surgeons, for their
Waggon Monies, referred, by a former Order, to Sir
John Hotham's Committee, be now referred to the Committee where Mr. Trenchard has the Chair.
Payment to Rushworth.
Ordered, That Mr. Wheeler do forthwith pay unto
Mr. Rushworth, Fifty Pounds, towards the Defraying
the Charges of his several Journies to York: And that,
upon his Return, the House will farther consider his
Merits, Pains, and Hazards, in his several Journies.
Answer from Lords.
Mr. Pym brings Answer, That the Lords do agree to
the Order to the Committees at York; and that their
Speaker shall write a Letter; and that they will send
all the Things to their Committees fair written; and that
the Committee to go to London, do meet this Afternoon,
at Four of Clock, in the Painted Chamber.
Allowances to Officers, &c.
Ordered, That these Allowances following be made to
the Officers and Artificers appointed to accompany the
Four Pieces of Ordnance shipped for Mounster; and the
Petards and Granadoes; viz. to a Petardier, Five Shillings per Diem; to a Master-gunner, Five Shillings per
Diem; to Three other Gunners, One Shilling and
Eight-pence each per Diem; to a Wheelwright, Two
Shillings and Six-pence per Diem; to a Carpenter, Two
Shillings and Six-pence per Diem; amounting in all to
Twenty Shillings per Diem: And that One Month's Imprest be paid, by way of Advance, to the said Officers and
Artificers; and Nine Pounds for their Tools and Necessaries; which will, in all, come to Thirty-seven Pounds.
It is further Ordered, That Five Shillings per Diem be
allowed to a Physician; and Two Shillings and Six-pence
per Diem to an Apothecary; to be sent into Mounster,
to attend the Army there.
Allowance to Dr. Emelly.
Resolved, &c. That Twenty Pounds be allowed to
Doctor Emelly, for his Transportation into Ireland.
Members at Yorke.
It is Ordered, by the Commons House of Parliament,
That those Members of this House who are Committees
for the Lords and Commons at York, be authorized to
require all such Members of this House as now are at or
about York, or shall hereafter repair thither without special Leave of this House, to return to the Parliament, and
to attend here upon the Business of the Commonwealth,
and of this House; as in Duty they are bound: and the
Committees have Liberty to certify this House, the
Names of all such Members as now are or lately have
been there; and of such as have or shall be summoned
by you: And they shall declare to those that remain
there, that their going away in this Manner, at this Time,
and their Continuing at York, is a great Affront to the
House, and a Countenancing of the Wars intended against
Propositions to the King.
IT is Ordered, by the Lords and Commons, That the
Lord Edward Herbert, Lord Fairfaxe, Sir Hugh Cholmley, Sir Philip Stapilton, Sir Henry Cholmeley, do forthwith, upon Receipt hereof, most humbly present to his
Majesty the Petition and Propositions of both Houses;
beseeching his Majesty, in their Names, to vouchsafe his
speedy Acceptance and Answer to the same.
YOUR Majesty's most humble and faithful Subjects,
the Lords and Commons in Parliament, having nothing
in their Thoughts and Desires more precious, and of
higher Esteem, (next to the Honour and immediate Service of God) than the just and faithful Performance of their
Duty to Your Majesty, and this Kingdom; and being
very sensible of the great Distractions and Distempers,
and of the imminent Dangers and Calamities of those
Distractions and Distempers, are like to bring upon Your
Majesty, and Your Subjects; all which have proceeded
from the subtle Insinuations, mischievous Practices, and
evil Counsels, of Men disaffected to God's true Religion,
Your Majesty's Honour and Safety, and the publick
Peace and Prosperity of Your People; after a serious Observation of the Causes of those Mischiefs, do, in all Humility and Sincerity, present to Your Majesty, their most
dutiful Petition and Advice, that out of Your Princely
Wisdom, for the Establishing Your own Honour and
Safety, and gracious Tenderness of the Welfare and Security of Your Subjects and Dominions, You will be pleased
to grant, and accept these their humble Desires and Propositions, as the most necessary effectual Means (through
God's Blessing) of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your
People; and procuring both Your Majesty and them, a
constant Course of Honour, Peace, and Happiness.
1. That the Lords, and others of Your Majesty's Privy
Council, and such great Officers and Ministers of State,
either at Home, or beyond the Seas, may be put from
Your Privy Council, and from those Offices and Employments, excepting such as shall be approved of by both
Houses of Parliament: And that the Persons put into
the Places and Employments of those that are removed,
may be approved of by both Houses of Parliament; And
that all Privy Counsellors shall take an Oath for the due
Executions of their Places, in such Form as shall be
agreed upon by both Houses of Parliament.
2. That the great Affairs of the Kingdom may not be
concluded, or transacted, by the Advice of private Men,
or by any unknown or unsworn Counsellors; but that such
Matters as concern the Publick, and are proper for the
high Court of Parliament, which is Your Majesty's great
and supreme Council, may be debated, resolved, and
transacted, only in Parliament, and not elsewhere: And
such as shall presume to do any thing to the contrary, shall
be reserved to the Censure and Judgment of Parliament:
And such other Matters of State as are proper for Your
Majesty's Privy Council, shall be debated and concluded,
by such of the Nobility, and others, as shall from time
to time be chosen for that Place, by Approbation of both
Houses of Parliament: And that no public Act, concerning the Affairs of the Kingdom, which are proper for
Your Privy Council, may be esteemed of any Validity, as
proceeding from the Royal Authority, unless it be done
by the Advice and Consent of the major Part of Your
Council, attested under their Hands; and that Your Council may be limited to a certain Number, not exceeding
Twenty-five, nor under Fifteen. And if any Counsellors
Place happen to be void, in the Intervals of Parliament,
it shall not be supplied without the Assent of the major
Part of the Council; which Choice shall be confirmed at
the next Sitting of the Parliament, or else to be void.
3. That the Lord High Steward of England, Lord
High Constable, Lord Chancellor, or Lord-keeper of the
Great Seal, Lord Treasurer, Lord Privy Seal, Earl Marshal, Lord Admiral, Warden of the Cinque Ports, Chief
Governor of Ireland, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, Two Chief Justices, and Chief Baron, may always be chosen, with the
Approbation of both Houses of Parliament; and, in the
Intervals of Parliament, by Assent of the major Part of
the Council, in such Manner as is before expressed in the
Choice of Counsellors.
4. That he or they unto whom the Government and
Education of the King's Children shall be committed,
shall be approved of by both Houses of Parliament;
and, in the Intervals of Parliaments, by Assent of the
major Part of the Council, in such Manner as is before
expressed in the Choice of Counsellors: And that all such
Servants as are now about them, against whom the Houses
shall have any just Exception, shall be removed.
5. That no Marriage shall be concluded or treated
for any of the King's Children, with any foreign Prince,
or other Person whatsoever, abroad, or at home, without
the Consent of Parliament, under the Penalty of a Premunire, unto such as shall so conclude or treat any Marriage as aforesaid: And that the said Penalty shall not
be pardoned, or dispensed with, but by Consent of both
Houses of Parliament.
6. That the Laws in Force against Jesuits, Priests, and
Popish Recusants, be strictly put in Execution, without
any Toleration, or Dispensation to the contrary: And
that some more effectual Course may be enacted, by
Authority of Parliament, to disable them from making
any Disturbance in the State, or eluding the Law, by
Trusts or otherwise.
7. That the Votes of Popish Lords in the House of
Peers may be taken away, so long as they continue
Papists: And that his Majesty would consent to such a
Bill as shall be drawn for the Education of the Children
of Papists, by Protestants, in the Protestant Religion.
8. That Your Majesty will be pleased to consent, that
such a Reformation be made of the Church Government
and Liturgy, as both Houses of Parliament shall advise;
wherein they intend to have Consultations with Divines,
as is expressed in their Declaration to that Purpose: And
that Your Majesty will contribute Your best Assistance
to them, for the Raising of a sufficient Maintenance for
Preaching Ministers, through the Kingdom: And that
Your Majesty will be pleased to give Your Consent to
Laws for the Taking away Innovations, and Superstition;
and of Pluralities; and against scandalous Ministers.
9. That Your Majesty will be pleased to rest satisfied
with the Course that the Lords and Commons have appointed for ordering the Militia, until the same shall be
further settled by a Bill: And that Your Majesty will recall Your Declaration and Proclamations against the Ordinance made by the Lords and Commons concerning it.
10. That such Members of either House of Parliament, as have, during this present Parliament, been put
out of any Place and Office, may either be restored to
that Place and Office, or otherwise have Satisfaction for
the same, upon the Petition of that House whereof he or
they are Members.
11. That all Privy Counsellors and Judges may take
an Oath, the Form whereof to be agreed on, and settled
by Act of Parliament, for the Maintaining of the Petition
of Right; and of certain Statutes made by the Parliament,
which shall be mentioned by both Houses of Parliament:
And that an Inquiry of all the Breaches and Violations of
those Laws may be given in Charge, by the Justices of the
King's Bench, every Term, and by the Judges of Assize,
in their Circuits; and Justices of Peace, at the Sessions;
to be presented and punished according to Law.
12. That all the Judges, and all Officers placed by
Approbation of both Houses of Parliament, may hold
their Places quam diu bene se gesserint.
13. That the Justice of Parliament may pass upon all
Delinquents, whether they be within the Kingdom, or
Red out of it: And that all Persons cited by either House
of Parliament, may appear, and abide the Censure of
14. That the general Pardon offered by Your Majesty
may be granted, with such Exceptions as shall be advised
by both Houses of Parliament.
15. That the Forts and Castles of the Kingdom may
be put under the Command and Custody of such Persons
as Your Majesty shall appoint, with the Approbation of
Your Parliament; and in the Intervals of Parliament,
with Approbation of the major Part of the Council, in
such manner as is before expressed, in the Choice of
16. That the extraordinary Guards, and military
Forces, now attending Your Majesty, may ... removed
and discharged: and that, for the future, you will raise
no such Guards, or extraordinary Forces, but according
to the Law, in case of actual Rebellion or Invasion.
17. That Your Majesty will be pleased to enter into
a more strict Alliance with the States of the United Provinces, and other neighbour Princes and States of the
Protestant Religion, for the Defence and Maintenance
thereof, against all Designs and Attempts of the Pope,
and his Adherents, to subvert and suppress it: Whereby
Your Majesty will obtain a great Access of Strength and
Reputation, and Your Subjects be much encouraged and
enabled, in a Parliamentary Way, for your Aid and Assistance in restoring Your Royal Sister, and her Princely
Issue, to those Dignities and Dominions, which belong
unto them; and relieving the other distressed Protestant
Princes who have suffered in the same Cause.
18. That Your Majesty will be pleased, by Act of
Parliament, to clear the Lord Kimbolton, and the Five
Members of the House of Commons, in such Manner
that future Parliaments may be secured from the Consequence of that evil Precedent.
19. That Your Majesty will be graciously pleased to
pass a Bill for restraining Peers made hereafter, from sitting or voting in Parliament, unless they be admitted there-unto with the Consent of both Houses of Parliament.
And, these our humble Desires being granted by Your
Majesty, we shall forthwith apply ourselves to regulate
Your present Revenue, in such Sort as may be for Your
best Advantage; and likewise to settle such an ordinary
and constant Increase of it, as shall be sufficient to support Your Royal Dignity in Honour and Plenty, beyond
the Proportion of any former Grants of the Subjects of
this Kingdom, to Your Majesty's Royal Predecessors.
We shall likewise put the Town of Hull into such
Hands as Your Majesty shall appoint, with the Consent
and Approbation of Parliament; and deliver up a just
Account of all the Magazine; and chearfully employ the
uttermost of our Power and Endeavour, to the real Expression and Performance of our most dutiful and loyal
Affections, to the Preserving and Maintaining the Royal
Honour, Greatness, and Safety, of Your Majesty, and